Questions about Child Neglect Law

Child neglect is a serious issue that can have implications for both minors and their parents or guardians. It's important to understand what constitutes child neglect and how intentional or even unintentional actions may be considered as negligent when caring for a child.

Below are some top questions about child neglect.

What is child neglect?

According to the Federal Child Abuse Prevention and Treatment Act (CAPTA), the definition of child neglect is, “Any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm." The CAPTA mandates that the statutory definition of child abuse and neglect is altered as relevant to each state. Hence the definition and laws may vary from state to state. Child neglect broadly includes the following areas; failure to protect, abandonment and medical neglect.

Is it considered child neglect if a minor is left on his/her own? For example, if a 7-year-old in Massachusetts is left for a couple of hours or if a 17-year-old in California is left for over two days?

In most cases it may not be considered child neglect to leave a child alone for a few hours or a responsible teenager alone for a day or two as long as the minor’s basic needs such as food, shelter, clothing and safety are taken care of. Leaving a child/minor without such amenities may constitute child neglect. Child protection services (CPS) may get involved if the children somehow hurt themselves while left alone or if the matter is brought to CPS’ attention through a complaint. Per Massachusetts state law, there is no defined age at which a child can be left at home unattended. Laws can change from state to state.

Is an investigation on child neglect considered illegal if it continues after the party has relocated to another state?

Child protection agencies have broad authority. They are required to investigate every case of child neglect and/or abuse. This would be the case even if the parties concerned reside in have moved to another state. What is important is the state in which the child lives, where the investigation is being conducted, or where the act of suspected abuse happened. Since CPS must investigate every claim of child neglect, they must investigate regardless of whether the claim is genuine or false, so these investigations are not considered illegal. In most cases the court also supports the child protection agencies in their enquiries and reports. In case you have any proof that a person deliberately made a false complaint against you then you may possibly be able to sue the party for defamation and invasion of privacy. You can hire an attorney to protect your rights but cooperating with the investigation and authorities is a sensible approach.

Would it be considered child neglect if a person is living without power for over a month while receiving child support?

This may be considered as child neglect because child support should help provide a child’s basic needs, such as heat, a house/shelter, and food. Without electricity, basic necessities such as food and heating would be affected. Child support is a provision to meet the basic needs and maintain the well being of the child and is applicable to everything the child may need.

Is it considered child neglect or child endangerment if a child is around a felon? Can this lead to a change in custody?

The presence of a felon does not usually constitute child endangerment or neglect. It depends on the current tendencies of the felon. For example, whether he/she consumes controlled substances, has unresolved/untreated psychological issues (e.g., depression, bi-polar disorder), or has engaged in domestic violence. A child exposed to these behaviors may be at risk for physical or psychological harm, and this risk of harm is one thing that can support a possible change in child custody. For example, if a child exhibits signs of stress from being in contact with this person, that might be a reason to request a change in custody. If constant contact continues then a modification of child custody may be necessary to support the child’s best interests.

Is leaving children in a car unsupervised regarded as child neglect? Is a lawyer required to represent you at court even if you have no past criminal record?

In most cases this would be treated as abandonment or exposing the child to a potentially dangerous situation. It may lead to a charge of child neglect. In such scenarios a lawyer may not be mandatory since a person can represent himself/herself if they wish to. Usually the courts are lenient towards first-time offenders. However, a criminal lawyer may be useful to present a valid defense and try to minimize penalties in the court proceedings.

It can be challenging to care for a child. Things that you may do out unintentionally or out of ignorance may be regarded as child neglect. Understanding the nuances may prevent unnecessary intervention or can help you report cases to the authorities. No matter what, the goal is to maintain the best possible environment for the child.

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ask Ely your own question

Please type your question in the field below

My shih tzu had severe abdominal pain - at 10 pm at night of course! The DR I spoke to sent me to the ER then we saw our normal vet the next day who did emergency surgery or a strangulated hernia and she's now fine. He followed up with me by phone the next day to check on her. I greatly appreciated the personal contact and follow up. I've used this service in the past and will continue to do so when necessary

Mitzi, USA

Rated:

★★★★★

Related questions

Good morning, I am a grandmother and I have questions of child neglect and bad parental skills. When I tried to support my son and his girl friend things got out of hand and now I can not see my grand kids. I have great concern for the 2 year old and five month year old. They already have been reported and case was supposly closed. I still have concern and want to seek legal advise for visitation JA: Since laws vary from place to place, what state is this in? Customer: The child live in New Hampshire I live in ma JA: Have you talked to a lawyer yet? Customer: No I want too but no one gets back to me or have not found the right one JA: Anything else you want the lawyer to know before I connect you? Customer: The mother already has an open case in mass of three girls from first marriage. It has Ben two years and they have not placed the girls back with her. Ever though the state found dad and girlfriend guilty of child abuse

If parents are anonymously accused of child neglect - are the parents usually drug tested? JA: Can you tell me what state this is in? Customer: SC JA: Has anything been filed or reported? Customer: DSS visited my daughter and her husband and were told they were reported for child abuse. There was no evidence of child abuse found. Both daughter & husband had to take drug test. Took over a week for results. Husband didn't have any issues. Daughter is prescribed drugs for adhd but was told she had too much of this drug in her system. Due to the fact she had too much of that drug in her system, she was told she couldn't be alone with her child-husband had main custody. She was tested again last week and just received results today - they were normal. Now she is told she has to take classes 2 times a week for 8 weeks before she can be considered full custodian. I think this is ridiculous!! Is this standard? JA: Anything else you want the lawyer to know before I connect you? Customer: Husband did not tell DSS that he has MS and is some times almost blind and has trouble with his legs. I think he reported his own wife to DSS

Have a question. If mother has custody on child (5years old). CPS was informed from child school for child neglect and mother tested positive for drugs. The child was placed under the arrangement of mother and father (CPS was present when child was picked up from home. Mother was order not to be around child without supervision. This is second case against mother from CPS. Can father file Modification of child parent relationship in order to have custody of child. JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: the child is with father at this time. JA: Has anything been filed or reported? Customer: No the father is wanting to file for custody. Can we file modification for child parent relationship. There is still open case from CPS against mother JA: Anything else you want the lawyer to know before I connect you? Customer: Yes, what else can I file for mother to not try to get child till hearing while they determine for custody

My ex wife and i are being charged with child neglect and abuse. Iwas not notified for two months. What can i do to clear my name and get my son from her JA: What state are you in? It matters because laws vary by location. Customer: Colorado JA: Has anything been filed or reported? Customer: We're in civil court JA: Anything else you want the lawyer to know before I connect you? Customer: I was not even with her at the time and had no idea what was going on. We are six hours apart

I had a neighbor file a false claim of child neglect on me and my wife. It was full of false accusations and DFCS came to the house. I was shocked and didn't know my rights at the time so I let them in, inspect the house, and speak with my children (I have the conversation recorded because the did it in front of my security camera). The two DFCS ladies that day said they found nothing substantiated and we should be good to go. They later called and got two references from me for them to call, saying that that was all they needed and the case would be closed. They called my references (who had nothing bad to say) and I waited for something stating the case was closed. A few weeks go by and a different DFCS agent shows up, claiming the original DFCS lead on the case had resigned and it ended up at his desk to close, but he wanted to do his own inspection and interviews before closing it out. Again, stupidly, I allowed him to do so since I had nothing to hide (also again, the interviews were recorded by my security camera). When he finished, he too stated that everything looked good and he would close the case. This was a few weeks ago. My question is, how long does it typically take to close an unfounded child neglect case, or am I being yanked around because they are not finished with the investigation? I am located in GA. My house was messy both inspections because I have a 7 year old and a 5 year old, as well as three husky dogs that shed a lot. Is this a tactic they pull during an investigation if they feel it is warranted? The claim was filed maliciously by my neighbor because I hadn't cut my grass (my push-mower was broken and I saved for a few weeks to purchase a good riding-mower). I know this for a fact because she admitted it in writing on social media. If I threaten a declaration lawsuit and manage to get her to retract the claim, will the DFCS drop their investigation also, even though they have already inspected my house twice? From what I've gathered from research actually going to court for a deflamation case would probably be more expensive then it's worth so my main goal would be to just get her to drop the claim. Sorry for the multiple questions, I'm sick to my stomach with this and just want it to be over. I love my kids and would never do anything to hurt or endanger them. Thank you for reading.

Our niece was arrested for child neglect. She has 6 children from 8 months to 13 years old. They have taken away her rights for one year. We offered to keep all 6 children. We have adopted one her children 5 years ago. We live in a different state from her and they told us for that reason they have to stay in that state. They have separated the children. We have taken the path class and had a home study. Is there anything we can do to convince them to let us get the children